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SMALLS v. U.S.E.P.A.

No. 88-1275.

861 F.2d 60 (1988)

SMALLS, David, J., et al., Appellants, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al.

United States Court of Appeals, Third Circuit.

Decided November 9, 1988.

Attorney(s) appearing for the Case

Mark R. Cuker (argued), Slap, Williams & Cuker, Philadelphia, Pa., for appellants.

Jay Tidmarsh (argued), U.S. Dept. of Justice, Washington, D.C., for appellees.

Before HIGGINBOTHAM, MANSMANN and GREENBERG, Circuit Judges.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

This is an appeal from the final order of the district court in an action, brought pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 2671-2680 (1982), by homeowners and tenants living adjacent to the Clearview Landfill ("Clearview"), located in Philadelphia, Pennsylvania. The appellants sought damages from the United States Environmental Protection Agency ("EPA") for diminution...

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